Wrongful Death

July 23rd, 2019 by Rieders Travis in Wrongful Death

WRONGFUL DEATH AND SURVIVAL-FOREFEITURE-ABANDONMENT  Johnson v. Neshaminy Shore Picnic Park, 2019 Pa. Super. LEXIS 822.    OPINION BY KUNSELMAN, J.: In this tragic wrongful death and survival action, decedent’s father, Carl Griggs, appeals from the trial court’s decision that he forfeited his share of the proceeds from the action filed by the decedent’s mother, Janelle Johnson, under Pennsylvania probate law.  See 20Pa.C.S.A.§2106(b).  We affirm. In sum, we cannot ignore the ramifications of the amendments to the failure-to-support clause.  We must conclude that the willfulness element of a prima facie forfeiture claim has been eliminated.  We conclude further that the duty to support encompasses physical, emotional, and financial support.  Therefore, the elements of a prima facie forfeiture claim under the current failure-to-support clause are as follows: 1. the decedent must be a minor or dependent child; 2. the parent must owe a duty of support to the decedent; and 3. the parent must have failed to perform the duty of support for the decedent for at least a year prior to the decedent’s death. See 20 Pa.C.S.A.§2106(b) Regarding the third element, the reason why a parent may have failed to support…